Agenda item

Plans and Specifications submission under Schedule 17 of the High Speed Rail (London - West Midlands) Act 2017 for an ecological mitigation scheme comprising earthworks, including two mitigation ponds, one hibernaculum and one reptile bank, together with permanent fencing erected along the northern, eastern and southern boundaries of the site.

Recommendation: Approval

RESOLVED: That the application was approved.

Plans and Specifications submission under Schedule 17 of the High Speed Rail (London - West Midlands) Act 2017 for an ecological mitigation scheme comprising earthworks, including two mitigation ponds, one hibernaculum and one reptile banks, together with permanent fencing erected along the northern, eastern and southern boundaries of the site.

Officers introduced the report, confirming that this was the second of a number of applications under Schedule 17 of the High Speed Rail Act 2017, which related to earthworks on an agricultural field immediately west of Harvil Road and south of Dews Lane, and permanent fencing along the northern, eastern and southern site boundaries.

Members were informed that the scope of the Sub-Committee was heavily restricted as to what could or could not form the basis of a decision. The details related purely to the earthworks for the construction of the ponds and did not consider the final landscaping. The ponds would ultimately form part of a separate Schedule 17 consent submission for bringing the land into use, and the Council's opinion was therefore sought on the restoration of the land around the earthworks, ahead of a formal submission.

Before opening the item for discussion, the Chairman also reminded the Sub-Committee of the limited remit of the Sub-Committee, due to the Act of Parliament.

Councillors agreed that their ability to make a decision was limited due to the restrictions places upon the Sub-Committee, but stated that it was sensible to protect as many species as it could where it was possible to do so.

Responding to questions from the Sub-Committee, Officers confirmed that the Council was only able to consider the alignment of the fencing and, as such, it was possible to add informatives to the application but not conditions. Councillors noted that future "bringing into use" application would be received by the Council for future consent, but until then, the Council was working to improve mitigation.

Members stated that it would be beneficial to have more hedgerows and planting around the fencing to improve landscaping, as it was important to avoid "hard barriers" where possible.

Officers informed Councillors that access and other issues could be discussed further at the "bringing to use" stage of the application, as Members had expressed their wish to ensure the area was available for educational purposes and to allow a study of the local species.

It was agreed by the Sub-Committee that further information should be added to Informative 2, to ensure that "species-rich" hedgerows and planting were used around the fencing. Members also noted that the informatives should include language supporting access to the land for the appropriate, controlled purposes, including, but not restricted to, studies and education.

The Chairman stated that it was vital Members remembered the considerations that were discussed when they were asked to make decisions at a later stage of the applications, as these were topics currently outside the remit of the Sub-Committee at this stage.

Officers noted that the Council will continue to engage in discussions with HS2 Ltd to try and deliver proposals that the Council were happy with.

The Sub-Committee commented that the ponds and reptile bank were necessary for local species, and accepted that there was nothing wrong within the scope of the Sub-Committee's decision-making ability. Members proposed to move the officer's recommendation, including the additional changes to informatives regarding species-rich hedgerows, planting, and controlled access, delegated to Officers to confirm the final wording.

The officer's recommendation was then seconded, and upon being put to a vote, was unanimously agreed.

RESOLVED: That the application was approved, subject to delegated authority to the Head of Planning and Enforcement and the Principal Sustainability Officer to confirm additional wording in informatives.